JUDGMENT :

PRAKASH GUPTA, J.

1. Instant second appeal has been preferred against the judgment and decree dated 28.01.2017 passed by Additional District Judge No. 3, Alwar, (hereinafter referred to as the "Appellate Court") in Civil Regular Appeal No. 68/2013 whereby the Appellate Court dismissed the appeal and upheld the judgment and decree dated 23.04.2007 passed by Civil Judge (J.D.) & Judicial Magistrate No. 4, Alwar (hereinafter referred to as the "trial Court") in civil case No. 34/11/2004.

2. Brief Facts giving rise to the present appeal are that the appellants-plaintiffs (hereinafter referred to as "the plaintiffs") filed a suit against the respondents-defendants No. 2 to 4 (hereinafter referred to as "the defendants") for permanent injunction. The suit of the plaintiffs was dismissed by the Trial Court vide judgment dated 23.04.2007.

3. Being aggrieved by the same, the plaintiffs preferred an appeal before the Appellate Court which also came to be dismissed vide judgment dated 28.01.2017. The plaintiffs therefore, has filed the present second appeal.

4. It is submitted by learned counsel Shri Gajendra Singh Rathore appearing for the plaintiffs that an application under Order 41